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The law views on blood transfusion
Legal dilemmas in healthcare
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Chapter fifteen in Legal Aspects of Health Care Administration by George D. Pozgar covered a major topic in health care. I found this chapter the most attention-grabbing of the options given to the students to base their paper on.
While the chapter only covered one disease it is how this one disease has affected so many people from patients to health care employees. Acquired Immunodeficiency Syndrome better known as AIDS first appeared in 1981. There are more than 21 million people that have died from the infection of AIDS. A highly contagious blood borne virus caused by Human Immunodeficiency Virus (HIV) is a fatal disease that destroys the body’s immune system. With the body having a defenseless immune system bacteria and viruses are free to affect the body. I chose to cover the topic of HIV and the effects is has on the health care environment.
HIV has had a dramatic effect on the history screening and testing of blood donations. Since May 1985 all blood donated in the United States received testing for HIV antibodies, p 354. Still there are cases of negligence when the collection of blood is done. In 1983, a blood center knowing that blood from homosexual and bisexual men should not be accepted. The blood center even had a written policy stating that donors who volunteer that they are gay should not be allowed to give. In the case of, J.K & Susie L. Wadley Research Inst. v. Beeson, Mr. B a patient received several units of blood from the blood center during his surgery. Mr. B later going back to the hospital for being sick tested positive for HIV and his wife tested positive. At trial, damages of $800,000 were awarded to Mr. B’s widow. Failing to follow their policy cost a significant amount of money. Patients...
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...In conclusion, since the first documented case of HIV and AIDS in the 1980s, it has affected health care in several ways. Donor centers have changed their screening of donors and testing ways of the blood collected. It has increased the awareness needed for taking universal precautions when dealing in any patient care. Medical equipment modified to protect health care providers from accidentally being stuck with infected needles. Health programs designed to educate patients and raise awareness of the disease among the at-risk population. HIV and AIDS have had an impact on patient care but in a positive way also.
Works Cited
Legal Aspects of Health Care Administration by George D. Pozgar
http://en.wikipedia.org/wiki/Blood_transfusion
Bordelon v. St. Francis Cabrini Hospital
J.K & Susie L. Wadley Research Inst. v. Beeson, 835 S.W.2d (Tex. Ct. App. 1992)
Today, there are so many legal dilemmas dominating trial for the courts to make a sound legal decision on whose right in a complicated situation. Despite the outcome of the case, the disagreement usually has a profound effect on the healthcare organization, and the industry as a whole. Many cases are arguments centered around if the issue is a legal or moral principle. Regardless what the situation maybe, the final decision is left to the courts to differentiate between the legality issues at hand opposed to justifying a case based on moral rules. According to Pozgar (2012), an ethical dilemma arises in situations where a choice must be made between unpleasant alternative. It can occur whenever a choice involves giving up something good and suffering something bad, no matter what course of action is taken (p. 367). In this paper, I will discuss cases that arose in the healthcare industry that have been tried and brought to justice by the United States court system.
Case 16 This case presents a very delicate situation that presents many legal and ethical questions. Do you tell your brother or partner he has HIV? I would tell my brother, but the how and when, may vary based on circumstances. From a professional ethical standpoint, it would be unethical to disclose the patient’s HIV status without consent.
Carl Zimmer the guest speaker of this broadcast states that in 1981 doctors described for the first time a new disease, a new syndrome which affected mostly homosexual men. The young men in Los Angeles were dying and the number of cases was growing faster and faster. The number of deaths was increasing from eighty to six hundred and twenty five in just the first few months. After the first few cases in LA, AIDS was declared to be one of the deadliest pandemics the world had ever seen after the plague in the Middle Ages.
regulations - what's next? Health Matrix: Journal of Law and Medicine 2, no. 1 (Spring): 49- (22 p).
the current AIDS epidemic of today. According to his research, AIDS will probably prove to be the plague of the millennium (Herlihy p. 18).
There was a decrease in the amount of drug abuse and promiscuous sex. Although the epidemic is much more widespread. "No one can yet be sure how statistically important the AIDS epidemic in Africa will prove to be"
Jacobson, P. (1999, July/August). Legal challenges to managed care cost containment programs: an intital assessment. Courts & Managed Care, 69-85.
Longest Jr., B.B (2009) Health Policy making in the United States (5th Edition). Chicago, IL: HAP/AUPHA.
Pozgar, George D. Legal and Ethical Issues for Health Professionals. Michigan: Jones and Bartlett Learning, LLC, 2013. Print.
Niles, N. J. (2011). Basics of the U.S. health care system. Sudbury, MA: Jones and Bartlett.
...easures. In 1990 HIV-infected people were included in the Americans with Disabilities Act, making discrimination against people with AIDS for jobs, housing, and other social benefits illegal. Additionally, the Ryan White Comprehensive AIDS Resources Emergency Act established a community-funding program designed to assist in the daily lives of people living with AIDS. This congressional act was named in memory of a young man who contracted HIV through blood products and became a public figure for his courage in fighting the disease and community prejudice. The act is still in place, although continued funding for such social programs is threatened by opposition in the U.S. Congress.
Spink, Gemma. "AIDS." AVERTing HIV and AIDS. 23 Dec 2009. Web. 11 Jan 2010. .
...ponse to the AIDS virus. Everyone was observing for the telltale signs of AIDS in others including Kaposi scars, dramatic weight loss, and respiratory symptoms. Infected Individuals were facing prejudices that
Over 33 million people around the world have AIDS (“Global Statistics.”). The disease, caused by the virus HIV, attacks the immune system, which is meant to protect your body from illness. Currently, there is no cure for AIDS, and 25 million have lost their lives due to it. AIDS is a serious issue affecting many people around the world today as they struggle with the disease, research for medicines, and attempt to reduce new infections
In chapter 5 the section relating to The Restrictions on HIV-infected Healthcare Workers was an intriguing portion of the chapter. This topic seldom is discussed in the workplace or in upper level occupational health management. The discussion generally surrounds the healthcare worker and their protection measures against becoming affected from the patient. Rarely, do we hear about the HIV-infected worker and their obligations when working with the patient. The three ethical points surrounding the HIV-infected healthcare worker are, should the healthcare worker perform invasive procedures, should the HIV-infected healthcare worker inform their patients, and should the practice of the HIV-infected worker have restrictions? These were all question